Question
-Short Answer: Maria is bound on a 12-month contract leasing her apartment, from September 2020 - September 2021.In June 2021, she gets a job in
-Short Answer: Maria is bound on a 12-month contract leasing her apartment, from September 2020 - September 2021.In June 2021, she gets a job in Chicago and plans to move to the city permanently.Carlos agrees to live in her apartment and assume the payments for the remainder of her lease. However, Carlos stops paying in August. What form of rights transfer does the agreement between Maria and Carlos represent? Who could the landlord sue for nonpayment of rent? Is there anything else the landlord may be obligated to do?
-Short Answer: During a storm in Kansas, a house is destroyed but its owner Dorothy survives. Dorothy plans to return to the site to salvage her possessions, but she delays for two weeks. Meanwhile, Almira combs through the ruins and removes all useful items. Dorothy learns of the recovery and files a suit against Almira, claiming that the items are hers. Almira responds that the destroyed house was abandoned and therefore she has good title to whatever she took possession of. What is the court likely to rule, and why?
-Short Answer: What is the difference between trademark infringement and trademark dilution? What must a plaintiff prove in order to be successful in a trademark infringement case?
-Short Answer: Imagine you own a large tract of land. There is a fence about 15 feet inside the boundary line of your property. Your neighbor thinks that the fence was the boundary between your two lots. In 2009, your neighbor planted flowers right against the fence. The neighbor installed in-ground composters to keep the flowers well fertilized, and tended to the garden year-round. When you tried to sell your property earlier in the spring of 2020, the buyer discovered the neighbor's use (the garden, etc) was 15 feet over the boundary of your land. The buyer won't purchase the property until the boundary dispute is settled. The neighbor claims the land is his, and you claim it is yours. This jurisdiction has a 10 year statute of limitations for adverse possession. Who will be successful, and why? In your answer, describe how each element of adverse possession is, or is not, satisfied.
-Short Answer: Rochelle pays Marco $50 in exchange for him letter her borrow his car for the weekend. Marco has not driven the car for two years. Rochelle is injured when one of the tires goes flat causing the car to veer into a mailbox. Can Rochelle hold Marco liable for her injuries? Explain.
-Short Answer: Recall the Hustler case from Chapter 8 of your text (LFP IP, LLC v. Hustler Cincinnati, Inc.). What was the basis of the lawsuit between Larry Flynt and his brother Jimmy? Was Larry successful? Why/why not?
-Short Answer: Alvaro plots a new Iron Man adventure. He skillfully imitates the art of Marvel Comics to create an authentic-looking Iron Man graphic novel. Alvaro is not affiliated with the owners of the copyright to Iron Man. Can Alvaro publish the novel as his own work without infringing on the owners' copyright? Why/why not?
-Short Answer: Metro City exercises its power of eminent domain to acquire land for a public transit rail system. Metro City relocates more than 10,000 residents from the land and destroys their homes to begin the project. Nin's Deli is adjacent to the project. Nin's files a suit against Metro City, alleging that its acquisition of the land resulted in a taking of the deli's property interest, entitling it to compensation. What must the government establish is necessary in order to obtain private property? What must Nin establish to support his claim that he is entitled to compensation?
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